Fisher v. University of Texas at Austin

Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, represented the American Association of Law Schools as an amicus in this case.

Holding: Because the lower court did not hold the university to the demanding burden of strict scrutiny articulated in Grutter v. Bollinger,
and Regents of the University of California v. Bakke, its decision affirming the district court’s grant of summary judgment was incorrect.

Proposal from counsel for the respondents to lodge copies of the 2008 ApplyTexas Application for Admission and the Common Application for Admission.

Oct 16 2012

Lodging proposal of respondent approved. 20 copies of the 2008 ApplyTexas Application for Admission, and the Common Application for Admission received and distributed.

Jun 24 2013

Judgment VACATED and case REMANDED. Kennedy, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Thomas, Breyer, Alito, and Sotomayor, JJ., joined. Scalia, J., and Thomas, J., filed concurring opinions. Ginsburg, J., filed a dissenting opinion. Kagan, J., took no part in the consideration or decision of the case.

Upcoming Oral Arguments

3/31Kimble v. Marvel Enterprises, Inc. Whether the Court should overrule Brulotte v. Thys Co., which held that “a patentee’s use of a royalty agreement that projects beyond the expiration date of the patent is unlawful per se”.

On Monday afternoon Justices Anthony Kennedy and Stephen Breyer testified before the House Appropriations Committee. The purpose of the hearing was to discuss the Court’s budget for the next fiscal year and the federal judiciary, but the legislators also took full advantage of the occasion to touch on other topics as well.